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› MAIN PAGE › THE LEGALIZATION OF THE STAY › THE LEGALIZATION OF THE STAY › STAY OF EU CITIZENS IN THE TERRITORY OF THE REPUBLIC OF POLAND › EU CITIZEN’S FAMILY MEMBERS WHO ARE NOT EU CITIZENS › RESIDENCE CARD OF AN EU CITIZEN’S FAMILY MEMBER

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LEGAL BASIS

Article 20 of the Act of 14th July 2006 on the entry into, residence in and exit from the Republic of Poland of nationals of the European Union Member States and their family members (Journal of Laws no 144, item 1043, as amended).

COMPETENT AUTHORITY

In order to obtain a residence card, an application must be submitted at the Voivodeship Office competent for a place of residence of an EU citizen.

APPLICATION

A foreigner must submit an application for a residence card of an EU citizen's family member  no later than within 3 months from the day of entry into the territory of the Republic of Poland or on the day following the 3 months at the latest.

NON COMPLIANCE WITH THE OBLIGATION TO OBTAIN A RESIDENCE CARD

A foreigner who has not complied with the obligation to obtain a residence card of an EU citizen's family member in the territory of the Republic of Poland will be punishable by a fine.

EXEMPTION FROM THE OBLIGATION TO HOLD A RESIDENCE CARD

A family member of an EU citizen who is not a citizen of the Union but holds a residence permit, settlement permit or a long-term EC resident permit is exempted from the obligation to hold a residence card of an EU citizen's family member.

CERTIFICATE OF SUBMITING AN APPLICATION

A family member of an EU citizen who is not a citizen of the Union is issued without delay a certificate of submiting an application for a residence card of an EU citizen's family member.

TIME LIMIT FOR HANDLING A FILE

A residence card of an EU citizen's family member is issued no later than 6 months from the day of submiting the application.

DOCUMENTS:

• application for a registration of stay filled out in Polish;
• travel documents for presentation upon request;
• 5 up-to-date photographs (undamaged, clear, colour 4.5 x 3.5 cm photographs of a person without headwear or dark glasses. The photograph should show a left semi‑profile with the left ear visible, the face should be evenly illuminated. A person with congenital or acquired sight defects may attach to the application photographs of him/her with dark glasses. A person who wears headwear for religious purposes may attach photographs of him/her with such headwear. The headwear, however, cannot make it impossible to identify the person);
• a certificate of registration of an EU citizen's stay, issued to the EU citizen with whom a family member stays in the Republic of Poland;
• a spouse - a document confirming conclusion of marriage;
• descendant - document confirming the family link and a document confirming age of the descendent or attesting that the descendant is dependant on the EU citizen;
• ascendant - document confirming the family link and a document attesting that the ascendant is dependant on the EU citizen.

RESIDENCE CARD FOR AN EU CITIZEN'S FAMILY MEMBER

A family member of an EU citizen who is not a citizen of the Union has the obligation to hold a residence card of an EU citizen's family member.

Rights granted with the residence card

A residence card of a family member of an EU citizen confirms the family member's right to reside in the territory of the Republic of Poland and entitles him or her to multiple crossing of the border without visa on the basis of a valid travel document only.

Validity of the residence card

Residence card for an EU citizen's family member is valid for 5 years and in case when the planned stay of the  EU citizen is shorter than 5 years - the document is valid for the length of the EU citizen's planned stay.

FEES

A fee for issuing a residence card to a family member of an EU national is PLN 30.

When collecting a document confirming the right of permanent residence a valid travel document or another valid document confirming identity and citizenship must be presented, and a proof of having paid the fee of PLN  30; in case where the document is collected by the applicant's representative - a power of attorney to collect the document confirming the right of permanent residence must also be presented.

APPEALING

A foreign national may appeal the decision to the Head of the Office for Foreigners through the intermediary of the competent Voivod. Written appeals may be submitted within 14 days from the day of receiving the decision.

REPLACEMENT OF A RESIDENCE CARD FOR AN EU CITIZEN'S FAMILY MEMBER

Residence card for an EU citizen's family member must be replaced in case:

• 1. the data presented in the document change;
• 2. the card is damaged.
• 3. the appearance of the holder changes which makes it difficult to establish their identity;
• 4. the card expires.

In case of a loss of a residence card of an EU citizen's family member, a new card is issued. 

After a family member of an EU citizen has submitted the application, replacing or issuing of a new residence card of the EU citizen's family member is done without delay.
The application must be submitted in person on the official form. The requirement of personal submission of the application does not concern minors.

The application:

• 1. for a replacement of a residence card of an EU citizen's family member should be accompanied by the currently held residence card and 2 photographs
• 2. for issuing a new residence card of an EU citizen's family member should be accompanied by the currently held residence card and 5 photographs